St. Pete Beach debates how ‘height’ is measured in 8th Avenue CRD; city attorney warns legal limits until SB 180 expires
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Summary
Commissioners and the public debated whether the 8th Avenue community redevelopment district’s 35‑foot limit was intended to be measured from grade or from base/design flood elevation; staff cited code history and FEMA map changes while the city attorney said Senate Bill 180 and the Bert Harris Act constrain written amendments until at least Oct. 1, 2027.
Commissioners spent substantial time Jan. 13 addressing whether the 35‑foot height reference for the CRD 8th Avenue district was meant to be measured from ground level (grade) or from base/design flood elevation.
Brandon, the city planner, summarized decades of code history and amendments and said the citywide definition of height has evolved. He noted that changes adopted in 2015 and 2021 shifted measurement language and that updated FEMA flood maps in 2021 lowered base flood elevations in parts of the city, which in practical terms reduced allowable buildable height in some locations. Brandon used a local example: the Berkeley Beach Club, built in 2017, would measure roughly two feet shorter today if it were built under current maps and definitions.
"Base flood elevation, of course, is defined in all of those codes," Brandon said during the presentation, explaining why a definition change can shift measured height across the district. He also relayed the Historic Preservation Board’s concerns that the original intent — to preserve scale and generally limit buildings to three functional stories — may have been lost as language evolved.
City Attorney Brooks cautioned that legal constraints limit what the commission can do by local ordinance in the near term. "We can't adopt anything more burdensome or restrictive as a requirement or a procedure, until 10/01/2027," he said, referencing Senate Bill 180; he also noted the Bert Harris Act’s potential for damage claims if a regulatory change diminishes property value and the constitutional takings/due‑process considerations that apply to zoning changes.
Public commenters, including long‑time residents and property owners, urged the commission to look closely at minutes and documents from 2006–2011 to clarify intent and requested a focused workshop on whether the 35‑foot standard was intended to be measured from grade. Some Historic Preservation Board members and residents asked that staff require renderings that accurately show surrounding building heights and massing.
After discussion commissioners agreed they should apply the code as written on a case‑by‑case basis, research the 2009–2011 minutes to clarify the original intent, and consider whether a narrowly focused presentation or workshop is warranted to isolate the critical changes in language and intent before pursuing any written amendments.
Next steps: staff will provide additional historical materials and bring refined analysis back to the commission; pending ordinance amendments may be constrained while SB 180 remains in force.
